House File 2201

PAG LIN

  1  1                                             HOUSE FILE 2201
  1  2
  1  3                             AN ACT
  1  4 PROVIDING FOR EXEMPTIONS FROM MASSAGE THERAPY LICENSURE
  1  5    REQUIREMENTS.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 152C.1, subsection 3, Code 2003, is
  1 10 amended to read as follows:
  1 11    3.  "Massage therapy" means performance for compensation of
  1 12 massage, myotherapy, massotherapy, bodywork, bodywork therapy,
  1 13 or therapeutic massage including hydrotherapy, superficial hot
  1 14 and cold applications, vibration and topical applications, or
  1 15 other therapy which involves manipulation of the muscle and
  1 16 connective tissue of the body, excluding osseous tissue, to
  1 17 treat the muscle tonus system for the purpose of enhancing
  1 18 health, muscle relaxation, increasing range of motion,
  1 19 reducing stress, relieving pain, or improving circulation.
  1 20 "Massage therapy" does not include diagnosis or service which
  1 21 requires a license to practice medicine or surgery,
  1 22 osteopathic medicine and surgery, osteopathy, chiropractic,
  1 23 cosmetology arts and sciences, or podiatry, and does not
  1 24 include service performed by athletic trainers, technicians,
  1 25 nurses, occupational therapists, or physical therapists who
  1 26 act under a professional license, certificate, or registration
  1 27 or under the prescription or supervision of a person licensed
  1 28 to practice medicine or surgery or osteopathic medicine and
  1 29 surgery.
  1 30    Sec. 2.  Section 152C.1, Code 2003, is amended by adding
  1 31 the following new subsection:
  1 32    NEW SUBSECTION.  4.  "Reflexology" means manipulation of
  1 33 the soft tissues of the human body which is restricted to the
  1 34 hands, feet, or ears, performed by persons who do not hold
  1 35 themselves out to be massage therapists or to be performing
  2  1 massage therapy.
  2  2    Sec. 3.  NEW SECTION.  152C.9  EXEMPTIONS.
  2  3    This chapter shall not apply to the following persons:
  2  4    1.  Persons who are licensed to practice medicine or
  2  5 surgery, osteopathic medicine and surgery, osteopathy,
  2  6 chiropractic, cosmetology arts and sciences, or podiatry in
  2  7 this state; or athletic trainers, technicians, nurses,
  2  8 occupational therapists, physical therapists, or physician
  2  9 assistants licensed, certified, or registered in this state or
  2 10 acting under the prescription or supervision of a person
  2 11 licensed to practice medicine or surgery or osteopathic
  2 12 medicine and surgery in this state.
  2 13    2.  Persons who are licensed, registered, or certified in
  2 14 another state, territory, the District of Columbia, or a
  2 15 foreign country when incidentally present in this state to
  2 16 teach a course of instruction related to massage and bodywork
  2 17 therapy or to consult with a person licensed under subtitle 3
  2 18 of this title.
  2 19    3.  Students enrolled in a program recognized by the board
  2 20 while completing a clinical requirement for graduation
  2 21 performed under the supervision of a person licensed under
  2 22 subtitle 3 of this title.
  2 23    4.  Persons giving massage and bodywork to members of their
  2 24 immediate family.
  2 25    5.  Persons practicing reflexology.
  2 26    6.  Persons engaged within the scope of practice of a
  2 27 profession with established standards and ethics utilizing
  2 28 touch, words, and directed movement to deepen awareness of
  2 29 existing patterns of movement in the body as well as to
  2 30 suggest new possibilities of movement, provided that the
  2 31 practices performed or services rendered are not designated or
  2 32 implied to be massage therapy.  Such practices include, but
  2 33 are not limited to, the Feldenkrais method, the Trager
  2 34 approach, and mind=body centering.
  2 35    7.  Persons engaged within the scope of practice of a
  3  1 profession with established standards and ethics in which
  3  2 touch is limited to that which is essential for palpitation
  3  3 and affectation of the human energy system, provided that the
  3  4 practices performed or services rendered are not designated or
  3  5 implied to be massage therapy.
  3  6    8.  Persons incidentally present in this state to provide
  3  7 services as part of an emergency response team working in
  3  8 conjunction with disaster relief officials.
  3  9
  3 10
  3 11                                                             
  3 12                               CHRISTOPHER C. RANTS
  3 13                               Speaker of the House
  3 14
  3 15
  3 16                                                             
  3 17                               JEFFREY M. LAMBERTI
  3 18                               President of the Senate
  3 19
  3 20    I hereby certify that this bill originated in the House and
  3 21 is known as House File 2201, Eightieth General Assembly.
  3 22
  3 23
  3 24                                                             
  3 25                               MARGARET THOMSON
  3 26                               Chief Clerk of the House
  3 27 Approved                , 2004
  3 28
  3 29
  3 30                            
  3 31 THOMAS J. VILSACK
  3 32 Governor